AUGUSTA - The Maine House of Representatives voted this week to advance a proposal from Rep. Mike Sylvester, D-Portland, which, as amended, directs the Maine Department of Economic and Community Development (DECD) to study the impacts of ending at-will employment in Maine.
At-will employment describes a working environment in which employers are free to terminate employees at any time, without cause, explanation or prior warning, provided it does not violate state and federal anti-discrimination law.
As amended, LD 553 directs the DECD to convene a stakeholder group, including business owners, labor leaders and economists to study the impacts of ending at-will employment in Maine. The group must reflect the diversity of the economic industry and geography of the state.
"This bill is the beginning of a process to right a power imbalance between workers and employers," said Sylvester. "When the burden is placed on the worker to prove that the dismissal was unfair, it provides ample cover for discriminatory firings. Without having a stated reason for dismissal and a clear discipline policy, workers are too easily subjected to unjust treatment without recourse."
At-will employment is the norm in the United States, but this policy is uncommon in other wealthy industrialized nations. Australia, Canada, the European Union and the United Kingdom all include protections from unfair dismissal in their employment laws.
Within the United States, there are examples of efforts to move away from at-will systems. Puerto Rico and the U.S. Virgin Islands require just cause for dismissals. Philadelphia and New York City have enacted similar protections for certain workers. Montana is the only state in the United States that does not have at-will employment.
The bill faces further votes in the House and Senate in the coming days.
Sylvester is serving his third term in the Legislature representing House District 39, which includes the East End of Portland, Upper Bayside and many of the islands of Casco Bay. He serves as the House chair of the Joint Standing Committee on Labor and Housing.
Contact:
Jackie Merrill [Sylvester], c. 812-1111